National Commissioner - background information
Dear Department of Veterans' Affairs,
BACKGROUND:
On 5 February 2020 the Prime Minister announced the Government, instead of calling a Royal Commission into Veteran Suicide, would appoint a National Commissioner for Defence and Veteran Suicide Prevention to inquire into suicides of serving and former ADF members.
At that press conference then Defence Minister Lynda Reynolds thanked, “the officials of Defence and DVA for their expertise, dedication and passion for developing this policy over the summer months.”
INFORMATION I AM SEEKING:
I am seeking all documents including the initial brief/direction, and all aspects of the development of this policy by DVA up to and including 4 February 2020.
Documentation to include every document/s including internal emails and minutes of meeting/s pertaining to the development of this policy.
Yours faithfully,
Alan ASHMORE
***Important message***
Thank you for your email.
Your email has been received by National Information Access Processing
Team within the Department of Veterans’ Affairs.
Please note that we only action and respond to access requests made under
the following Acts:
· Freedom of Information Act 1982 (the FOI Act)
· Privacy Act 1988
· [1]Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988
· [2]Military Rehabilitation and Compensation Act 2004.
If your email is a request for documents under the FOI Act, we will
contact you within 14 days to acknowledge your request. Please do not send
duplicate emails as this may cause delays in response time-frames.
We are committed to processing all requests as quickly as possible. We
will contact you if there are any delays and if more time is needed to
finalise your request. Further information will be provided to you when
the Department responds to your request.
For more information about Information Access please visit the
Department’s website at [3]Freedom of information | Department of
Veterans' Affairs (dva.gov.au)
For more information about Freedom of Information generally, please visit
the Office of the Australian Information Commissioner’s website at
[4]Freedom of information — OAIC
Important note: For matters not relating to Information Access, please
refer to the ‘Contact us’ page on the Department’s website at [5]Contact
us | Department of Veterans' Affairs (dva.gov.au)
Thank you.
National Information Access Processing Team
Client Access and Rehabilitation Branch
Department of Veterans’ Affairs
References
Visible links
1. https://www.legislation.gov.au/Series/C1...
2. https://www.legislation.gov.au/Series/C2...
3. https://www.dva.gov.au/about-us/overview...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.dva.gov.au/about-dva/contact...
Dear Mr Ashmore
Freedom of Information Request: FOI 45443
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(FOI Act). Your request was received by the Department on 2 September 2021
and was made in the following terms:
“On 5 February 2020 the Prime Minister announced the Government, instead
of calling a Royal Commission into Veteran Suicide, would appoint a
National Commissioner for Defence and Veteran Suicide Prevention to
inquire into suicides of serving and former ADF members.
At that press conference then Defence Minister Lynda Reynolds thanked,
“the officials of Defence and DVA for their expertise, dedication and
passion for developing this policy over the summer months.”
INFORMATION I AM SEEKING:
I am seeking all documents including the initial brief/direction, and all
aspects of the development of this policy by DVA up to and including 4
February 2020.
Documentation to include every document/s including internal emails and
minutes of meeting/s pertaining to the development of this policy.”
In accordance with section 15(5)(b) of the FOI Act, the due date for a
decision on your request is 4 October 2021.
When the processing period may be extended or suspended
The current due date may be extended by up to 30 days if agreed by you
(section 15AA of the FOI Act). Also, the due date may be extended by an
additional 30 days in each instance, if your request is considered
voluminous or complex (section 15AB of the FOI Act) or if the Department
is required to undertake a third party consultation (sections 26A, 27 or
27A of the FOI Act). If any of these extensions apply, the Department will
notify you.
Additionally, there are occasions where the time to process your request
may be suspended. This will usually take place if a practical refusal
consultation process takes place (section 24AB of the FOI Act) or if a
charges notice is issued to process your request (section 29 of the FOI
Act). If the Department decides that either of these apply to your
request, the Department will notify you.
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at [1]https://www.oaic.gov.au/.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[2]https://www.dva.gov.au/about-dva/freedom...
subject to certain exceptions, such as if the documents relate to your own
personal information. The Department will advise you in its decision
whether details of your request will be published on the disclosure log or
not.
Contacting us about your request
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
If you have any questions, please contact me via email at
[3][email address]
Yours sincerely,
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [4][email address] | [5]www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
[6]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. https://www.oaic.gov.au/
2. https://www.dva.gov.au/about-dva/freedom...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.dva.gov.au/
Dear Mr Ashmore,
I am writing to you with regard to FOI 45443.
Several business areas have been approached for documents in relation to
your request, and have advised that a voluminous number of records are
expected to be identified. For this reason, the Department would
appreciate additional time to ensure that adequate searches can be
undertaken.
Request for extension of time
The FOI Act states that an FOI request must be processed within 30 days of
receipt in the first instance.
Under [1]section 15AA of the FOI Act, an extension of time is possible if
the applicant agrees in writing.
We are seeking your agreement to a 30 day extension of time to process
this request, to enable thorough searches to be undertaken.
This extension would make the new decision date for your request: 3
November 2021.
We will of course make every effort to resolve this matter for you earlier
than that date.
Your response sought
Please respond to this email by Thursday 30 September 2021, to let me know
whether you are agreeable to this extension of time request.
If you do not agree to this extension of time, the Department may need to
apply to the Office of the Australian Information Commissioner for an
extension of time under [2]section 15AB of the FOI Act.
If you have any questions or concerns please don’t hesitate to contact me
at [3][email address].
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [4][email address] | [5]www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
[6]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. http://www7.austlii.edu.au/cgi-bin/viewd...
2. http://www6.austlii.edu.au/cgi-bin/viewd...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.dva.gov.au/
Dear INFORMATION.LAW,
I made this FOI request that has the potential to form part of my submission to the Royal Commission.
You noted that a voluminous number of records are expected to be identified.
I also understand that DVA received an additional $28.9M in the May Budget to cover additional staffing and other costs due to the increased workload due to the Royal Commission.
As an act of good faith I agree to an extension of 30 days.
Yours sincerely,
Alan ASHMORE
Dear Mr Ashmore,
We acknowledge your response and agreement to an extension of 30 days to 3 November 2021.
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [email address] | www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
Our reference: RQ21/03463
Agency reference: FOI 45443
Mr Alan Ashmore
Sent by email: [1][FOI #7796 email]
Extension of time application by Department of Veterans’ Affairs
Dear Mr Ashmore
I write to advise that on 29 October 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Veterans’ Affairs (the Department) for an extension of
time, to process your FOI request of 2 September 2021.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be voluminous and/or complex.
The Department has advised the OAIC that:
o you have previously agreed to an extension of time under s 15AA of the
FOI Act
o the Department is undertaking a consultation with the Department of
the Prime Minister and Cabinet, and is awaiting a response to that
consultation, and
o the Department requires further time to consider a response from the
Department of the Prime Minister and Cabinet once it has been
received.
The Department has requested an extension to 15 November 2021. The
decision maker will take any comments you may have to make into account
when deciding the application.
Please respond to this email by close of business 3 November 2021. If I do
not hear from you by this date, the decision maker will proceed to make a
decision on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions, please contact me on (02) 9284 9721 or via
email [3][email address]. In all correspondence please include
reference number at the top of this email.
Kind regards
[4][IMG] Shelley Napper | Assistant
Director
Investigations and Compliance
Freedom of Information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
+61 2 9284 9721 |
[6][email address]
[10]Subscribe [11]Subscribe to
[7]Facebook | [8]LinkedIn | [9]Twitter | icon Information
Matters
References
Visible links
1. mailto:[FOI #7796 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. http://www.oaic.gov.au/
6. mailto:[email address]
7. http://www.facebook.com/OAICgov
8. https://www.linkedin.com/company/office-...
9. https://twitter.com/OAICgov
11. https://www.oaic.gov.au/updates/sign-up/
Dear Shelley Napper,
Your reference: RQ21/03463
Agency reference: FOI 45443
EXTENSION OF TIME APPLICATION BY DEPARTMENT OF VETERANS AFFAIRS:
Further to your correspondence 29 October 2021 where you indicate (1) DVA requested an extension to 15 November 2021. Subsequently you invited me to make comments prior to your office making a decision in respect of DVA’s request for an ‘extension’.
I note the following:
1. I made this application under ‘right to know’ so the information received would be available to other veterans and interested parties.
2. Like a number of veterans’ the contents of the information received will form part of our respective submissions to the Royal Commission into Veteran Suicides.
3. Many veterans making submission’s suffer PTSD and any delay/frustration inflicted by DVA has the potential to exacerbate PTSD symptoms. Worse, these delays are used to trigger symptoms in the hope veterans’ disengage altogether and abandon their information requests.
Note: Many veterans have torturous and tortious experiences with DVA which greatly aggravate mental health conditions. Some veterans’ have mental health conditions entirely attributed to DVA maladministration, and exhaustion strategies such as those being used within current FOI applications e.g. engineered delays and requests for so-called ‘extensions’.
4. In my matters and as an act of good faith I agreed to a 30-day extension.
5. in evidence before FADT hearings this year, DVA via the Federal budget was provided an additional $28.9M to specifically facilitate information requests in direct connection with the current Royal Commission.
6. I am aware other veterans’ are receiving similar extension requests from DVA, which I note are additionally being pushed into your office.
In conclusion: I understand DVA have seen an increase in FOI requests from veterans as a first step in preparing their submission to the Royal Commission. DVA’s request to extend the time to finalise, beyond the already agreed 60 days, is another example of DVA’s standard suite of delaying tactics employed by seconded lawyers who specialise in The FOI Act.
Therefore, I strongly object to any extension of time to finalise this FOI beyond the agreed date of 3 November 2021.
I ask that you support my views and reject DVA’s request.
Yours sincerely,
Alan ASHMORE
You have received a secure message from the Department of Veterans'
Affairs.
To view your secure message on a computer or mobile android device:
1. Open the attachment to this email.
2. Follow the instructions.
[1]To view your secure message on an iPhone or iPad device, please click
here by 2021-11-22 10:50 AEDT. Note that your secure message will only be
accessible on a computer or mobile android device after this timeframe. If
you are concerned that this link has been compromised, please contact the
Department on 1800 VETERAN (1800 838 372) to confirm the validity of the
link and this secure message.
[2]Help
Please follow the instructions above to use secure mail.: Do not reply to
this email. A secure reply may be sent from within the opened secure
message.
Secured by Proofpoint Encryption, Copyright © 2009-2021 Proofpoint, Inc.
All rights reserved.
References
Visible links
1. https://secureemail.dva.gov.au/formpostd...
2. http://www.dva.gov.au/site-help/sensitiv...
You have received a secure message from the Department of Veterans'
Affairs.
To view your secure message on a computer or mobile android device:
1. Open the attachment to this email.
2. Follow the instructions.
[1]To view your secure message on an iPhone or iPad device, please click
here by 2021-11-19 19:31 AEDT. Note that your secure message will only be
accessible on a computer or mobile android device after this timeframe. If
you are concerned that this link has been compromised, please contact the
Department on 1800 VETERAN (1800 838 372) to confirm the validity of the
link and this secure message.
[2]Help
Please follow the instructions above to use secure mail.: Do not reply to
this email. A secure reply may be sent from within the opened secure
message.
Secured by Proofpoint Encryption, Copyright © 2009-2021 Proofpoint, Inc.
All rights reserved.
References
Visible links
1. https://secureemail.dva.gov.au/formpostd...
2. http://www.dva.gov.au/site-help/sensitiv...
Please use this validation code to complete your registration: 638281
Note: This code will expire in 30 minutes.
Our reference: RQ21/03463
Agency reference: FOI 45443
Mr Alan Ashmore
By email: [1][FOI #7796 email]
Extension of time under s 15AB
Dear Mr Ashmore
Please find attached a decision of today’s date.
Kind regards
[2][IMG] Shelley Napper | Assistant
Director
Investigations and Compliance
Freedom of Information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon Information
Matters
References
Visible links
1. mailto:[FOI #7796 email]
2. https://www.oaic.gov.au/
3. http://www.oaic.gov.au/
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov
8. https://www.oaic.gov.au/updates/sign-up/
Good afternoon,
I am re-sending you the correspondence below in relation to FOI 45543.
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [1][email address] | [2]www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
[3]cid:image001.png@01D0027A.1DAB84F0
From: INFORMATION.LAW
Sent: Friday, 12 November 2021 7:31 PM
To: 'Alan ASHMORE' <[FOI #7796 email]>
Subject: FOI 45443 - s24AB [SEC=OFFICIAL:Sensitive]
Good afternoon,
Please see attached correspondence in relation to FOI 45443.
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [4][email address] | [5]www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
[6]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
2. http://www.dva.gov.au/
4. mailto:[email address]
5. http://www.dva.gov.au/
Dear Department of Veterans' Affairs,
I am responding to your decision dated 12 November 2021, that was not received by me until 15 November 2021. You invited me to revise my request so to avoid you making a decision to refuse my request due it being voluminous, involving an estimated 80 hours.
It is disappointing that after missing the first 30 day deadline you requested and I gave you a 30 day extension. This was given in good faith and despite DVA receiving an additional $28,900,000 to cover staff and other costs associated with the Royal Commission. You then requested a further 12 days extension to 15 November 2021 that I rejected. The OAIC supported your request. I require this information as preparation for a submission to the Royal Commission.
I was just a mere Infantryman whose training didn’t really activate my brain but I am amazed, in making your decision, that you weren’t aware of a 2020 AAT decision Farrell V Services Australia. I would have thought even a brief reading of that case would establish my FOI request was not voluminous and could therefore not be refused.
However, as I am sick of DVA’s exhaustion process, for which it is well known for in the veteran community, and to expedite this matter, I agree to modify my FOI request:
From: “I am seeking all documents including the initial brief/direction, and all aspects of the development of this policy by DVA up to and including 4 February 2020.”
To: “I am seeking all documents including the initial brief/direction, and all aspects of the development of this policy by DVA from the starting date up to and including the first 21 days from the initial brief/direction.”
Accordingly, I now require this amended FOI to be completed by no later than the close of business on Wednesday 24 November 2021.
To conclude, I am personally aware that other veterans have been the subject to roadblocks in seeking FOI documents and I have spoken with the Royal Commission in each of the two previous days. I was invited to make a submission on this issue and accepted an invitation to have a phone hook up sometime next week.
Yours faithfully,
Alan ASHMORE
Dear Mr Ashmore,
I am writing to you with regard to LEX 45443.
We are hoping to discuss your request with you over the phone. If you
agree, please provide your best contact number and times you are available
for a call on Monday 22^nd November.
You can provide these details directly, by email to:
[1][email address]
If we receive an email confirming this information you will receive a call
on Monday.
Yours Sincerely,
Amanda
Amanda (Position Number 62210326)
Senior Legal Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [2][email address] | [3]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[4]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.dva.gov.au/
Dear Amanda,
I write in response to your correspondence of 19 November 2021 requesting my phone number and times I am available on Monday 22 November 2021.
My Mobile is: [Mobile Number Removed].
I am available at 10.00 and between 2 and 3pm.
I ask that I receive point form minutes of our discussions in that phone call and include the name/s of any officer/s who will be listening in on our conversation. I will give you my email address when we speak.
Thanks in advance.
Regards,
Alan ASHMORE
Good afternoon Mr Ashmore,
Please see enclosed decision.
Kind Regards
Jessy (Position Number 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [1][email address] | [2]www.dva.gov.au
M: GPO Box 9998, Canberra ACT 2601
[3]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
2. http://www.dva.gov.au/
Good afternoon Mr Ashmore,
I am writing in relation to LEX 45443.
To update you on your administrative access request, we are consulting
with another agency regarding release of a document. We have asked they
prioritise their response and have asked for an estimated timeframe to be
provided tomorrow.
When this timeframe is to hand we will provide you with further details on
the progress of this matter.
Kind Regards
Jessy (Position No. 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [1][email address]
M: GPO Box 9998, Canberra ACT 2601
[2]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
Good afternoon Mr Ashmore,
Further to my last email, I am writing to update you on LEX 45443.
Your request is currently being progressed and we will provide a further
update on Monday, 25 November 2021 when information is to hand.
Thank you for your continued patience.
Kind Regards
Jessy (Position No. 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [1][email address]
M: GPO Box 9998, Canberra ACT 2601
[2]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
Good afternoon Mr Ashmore,
As you are aware, I have been seeking to provide a response to your
request for the date that work on the proposal for the appointment of a
National Commissioner for Defence and Veteran Suicide began. It has been
confirmed that all documentation that contains the correct timeframe in
relation to this matter is sensitive and I am unable to provide documents
to you.
However, the department is able to confirm that work on the proposal
began in November 2019. I hope this information is able to satisfy your
request and I thank you for your patience with this matter.
Kind Regards
Jessy (Position No. 62320730)
Information Access Officer
Information Law | Legal Services and Audit Branch
Department of Veterans’ Affairs
P: 1800 555 254 | E: [1][email address]
M: GPO Box 9998, Canberra ACT 2601
[2]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[email address]
Verity Pane left an annotation ()
Why is Veterans' Affairs sending DVA Secure Emails to Right to Know, which is for FOIs not involving personal information.
This FOI made no request for personal information, and Veterans' Affairs would be well aware DVA Secure Email is inappropriate for sending FOI acknowledgments and other routine notices.
Yet this is not the first instance I've seen on Right to Know where Veterans' Affairs have sent DVA Secure Emails in response to FOIs it doesn't particularly like.